Immigrant Class Sees Judge’s Bond Hearing Order Nixed on Appeal

A Massachusetts federal judge’s order mandating bond hearings for a class of immigrants detained on a discretionary basis was vacated by a split First Circuit panel as not statutorily allowed.

The district court didn’t have jurisdiction to grant the relief, the opinion by Judge William J. Kayatta Jr. said.

The U.S. Court of Appeals for the First Circuit recently held that noncitizens facing discretionary detention are entitled to a bond hearing where the government must prove that they are either dangerous by clear or convincing evidence or a flight risk by a preponderance of evidence.

Pursuant to that holding, the ...